Eaves & Gutter overhang

[SMG]

I live in a semi. Next door is building a rear extension. They plan on building the wall on the boundary line. Their roof will have eaves & gutter which will overhang my property. Can I stop them?

 

[^woody^]

Yes. Nothing can overhang the boundary without your consent.

 

[SMG]

Thanks Woody.

 

[SMG]

Thank you, I didn't know if they had the right.

 

[DevilDamo]

Are they building out the extension under PD or were you notified of a formal application having been submitted?

 

[^woody^]

Normally walls are either set back from the boundary for a distance at least equal to any soffit and gutter or verge overhang, or an internal box gutter is formed.

It's best to stop them as soon as possible. A good designer will have specified a set-back on the plans. Sometimes the owners are not aware and the builders not bothered.

Building across the boundary is contrary to any permitted development rights, and would not be in accordance with any planning permission.

 

[SMG]

I have had no notification of any extension, just the neighbour telling me what's being done, & its her father (Builder) doing the work. They plan to extend 4 meters out, & go from the boundary line on my property right across to the other neighbours boundary, a full width extension. They are also knocking down the bottom of their rear wall & fitting full width concertina doors. I`m thinking now will a full width steel be sat on my brickwork, & my land be dug up for their foundations.

 

[Nakajo]

The words 'high court injunction' tend to focus the mind at such times

 

[^woody^]

Casually ask when you can expect the Party Wall Notice to be served for the foundations.

 

[SMG]

Wow, thanks, so, should they have notified the council & got permission? Do they need permission? Should we have been notified by the council?

 

[DevilDamo]

The Party Wall Agreement does not have anything to do with Planning or Building Regulations. It’s something dealt with and agreed between neighbours. Have a read...

https://assets.publishing.service.g..._Wall_etc__Act_1996_-_Explanatory_Booklet.pdf

As for them needing Planning, we don’t have enough information to advise whether it did or not. The fact you mentioned 4m does imply they’re going for the max. single storey depth allowed to a detached property. But we’d need more information to advise on that. Irrespective if the proposals need Planning or not, does not give them any direct right for any part of their works to over-sail the boundary.

 

[SMG]

Thanks Devil, we live in a semi, by the way, & its our semi neighbours doing the work.

 

[^woody^]

Sort out, or find out about planning permission. Make sure the work matches the permission or permitted development criteria.

Ask about the party wall notice for building on thr boundary, and the foundations.

Find out who owns the fence between the gardens and what's happening with it.

Find the boundary line between the houses. This may not be the fence line. This will be the centre of the party wall. Check that it's correctly marked on the outside wall for reference.

Ask how the wall on the boundary is to be built. Do they expect to work from your garden?

Unless a Party Wall Notice is served, the foundations can not cross the boundary either.

Are they building close to, or over drains that are shared by you? If so they need the water company's permission too.

 

[SMG]

Do they have to have planning permission? I haven't seen it on the council website. The fence is shared between us & they said they will take it down. They will do the work from their side. No drains or any underground We have a rear extension which is built 300cm from the boundary fence, we have eaves & gutter which are over our land, & doesn't touch next doors land. We would be happy for them to build the same so their gutters don't overlook our land. But, TBH, the builder has a reputation for being a bit of a jack the lad.

 

[DevilDamo]

For them to build a 4m deep extension, the LPA should have notified you. This would have been as a result of the neighbour having submitted a Prior Approval or Householder application. If none of those have been submitted to the LPA, you can contact them yourself to report the breach of Planning.